Opinion
02-25-2015
The PEOPLE, etc., respondent, v. Darryl BOSTIC, appellant.
Seymour W. James, Jr., New York, N.Y. (Heidi Bota of counsel), for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Rhea A. Grob of counsel; Robert Ho on the memorandum), for respondent.
Seymour W. James, Jr., New York, N.Y. (Heidi Bota of counsel), for appellant.
Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Rhea A. Grob of counsel; Robert Ho on the memorandum), for respondent.
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (D'Emic, J.), imposed May 18, 2011, upon his conviction of attempted arson in the third degree, upon his plea of guilty.
ORDERED that the sentence is affirmed.
Under the circumstances of this case, the defendant's waiver of the right to appeal does not bar review of the sentence that was ultimately imposed (see People v. Maracle, 19 N.Y.3d 925, 927, 950 N.Y.S.2d 498, 973 N.E.2d 1272 ; People v. Arney, 120 A.D.3d 949, 990 N.Y.S.2d 752 ). Nonetheless, the sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
ENG, P.J., BALKIN, DICKERSON and HINDS–RADIX, JJ., concur.